ART 3.

BILL OF RIGHTS CASES

Sec. 2 RIGHTS OF UNREASONABLE SEARCHES AND SEIZURE
VALMONTE VS. DE VILLA

FACTS:
On 20 January 1987, the National Capital Region District Command (NCRDC) was activated pursuant to Letter of Instruction 02/87 of
the Philippine General Headquarters, AFP, with the mission of conducting security operations within its area of responsibility and
peripheral areas, for the purpose of establishing an effective territorial defense, maintaining peace and order, and providing an
atmosphere conducive to the social, economic and political development of the National Capital Region. As part of its duty to
maintain peace and order, the NCRDC installed checkpoints in various parts of Valenzuela, Metro Manila. Petitioners aver that,
because of the installation of said checkpoints, the residents of Valenzuela are worried of being harassed and of their safety being
placed at the arbitrary, capricious and whimsical disposition of the military manning the checkpoints, considering that their cars and
vehicles are being subjected to regular searches and check-ups, especially at night or at dawn, without the benefit of a search
warrant and/or court order. Their alleged fear for their safety increased when, at dawn of 9 July 1988, Benjamin Parpon, a supply
officer of the Municipality of Valenzuela, Bulacan, was gunned down allegedly in cold blood by the members of the NCRDC manning
the checkpoint along McArthur Highway at Malinta, Valenzuela, for ignoring and/or refusing to submit himself to the checkpoint and
for continuing to speed off inspire of warning shots fired in the air.

ISSUE:
WON the installation of checkpoints violates the right of the people against unreasonable searches and seizures

RULING:
Petitioner's concern for their safety and apprehension at being harassed by the military manning the checkpoints are not sufficient
grounds to declare the checkpoints per se, illegal. No proof has been presented before the Court to show that, in the course of their
routine checks, the military, indeed, committed specific violations of petitioners'' rights against unlawful search and seizure of other
rights. The constitutional right against unreasonable searches and seizures is a personal right invocable only by those whose rights
have been infringed, or threatened to be infringed. Not all searches and seizures are prohibited. Those which are reasonable are not
forbidden. The setting up of the questioned checkpoints may be considered as a security measure to enable the NCRDC to pursue its
mission of establishing effective territorial defense and maintaining peace and order for the benefit of the public. Checkpoints may
not also be regarded as measures to thwart plots to destabilize the govt, in the interest of public security. Between the inherent
right of the state to protect its existence and promote public welfare and an individuals right against a warrantless search w/c is,
however, reasonably conducted, the former should prevail. True, the manning of checkpoints by the military is susceptible of abuse
by the military in the same manner that all governmental power is susceptible of abuse. But, at the cost of occasional inconvenience,
discomfort and even irritation to the citizen, the checkpoints during these abnormal times, when conducted w/in reasonable limits,
are part of the price we pay for an orderly society and a peaceful community.

Section 2
The right of the pepole to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 31.The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when
public safety or order requires otherwise as prescribed by law.
2.Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 4
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to
assemble and petition the Government for redress of grievances.
Section 5
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall
be required for the exercise of civil or political rights.
Section 6
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of
the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as
may be provided by law.
Section 7
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Section 8
The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.
Section 9
Private property shall not be taken for public use without just compensation.
Section 10
No law impairing the obligation of contracts shall be passed.
Section 11
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of
poverty.
Section 12
1.Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent
and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
2.No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
3.Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
4.The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of
victims of torture or similar practices, and their families.
Section 13
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14
1.No person shall be held to answer for a criminal offense without due process of law.
2.In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.
Section 15
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety
requires it.
Section 16
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Section 17
No person shall be compelled to be a witness against himself.
Section 18
1.No person shall be detained solely by reason of his political beliefs and aspirations.
2.No involuntary servitude in any from shall exist except as punishment for a crime whereof the party shall be duly convicted.
Section 19
1.Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
2.The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard
or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20
No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21
No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Section 22
No ex post facto law or bill of attainder shall be enacted.